Seasoned slip and fall lawyers Brooklyn residents trust know that property owners who were negligent often try to blame the victim for their injuries. If you have been hurt in a slip and fall accident and would like to talk to one of our professional Brooklyn slip and fall lawyers, call today.
New York Law
Under New York’s premises liability law, property owners and lessees have a legal duty to care for any lawful or invited visitors to their location. Experienced slip and fall lawyers Brooklyn provides know that this law applies whether the property is a business establishment or a private residence.
Unfortunately, when a victim is injured because a property owner or tenant was negligent in providing a safe and hazard-free environment, the burden of proof of their negligence falls on the victim. This is why it can be very helpful for victims to retain the services of slip and fall lawyers Brooklyn insurance companies recognize as aggressive advocates for injured clients.
The factors that need to be proven to establish liability in a slip and fall case include:
- The person or entity who the claim is being filed against was in “possession” of the building at the time of the accident. For example, if you injured yourself in a retail establishment, your lawyer can determine who is the liable party – the business who is leasing the building or the owner of the property itself.
- You were legally allowed to be on the property at the time of the accident. This includes invited visitors to the property, people hired to perform work on the property, and properties that are open to the public.
- A hazardous condition existed that caused your slip and fall accident and resulted in your injuries.
- The property owner (or other responsible party) knew about the hazardous condition or should have known about the hazardous condition and they failed to eliminate it, repair it, or warn visitors that the hazard existed. This failure to act is considered negligent.
- It was this negligence that caused your injuries.
Once it has been established that that your injuries were caused by the property owners’ failure to fulfill their obligation of duty of care, your lawyer can seek to recover your damages. They may include:
- All past and future medical expenses.
- Loss of wages from being unable to work because of your injury. You are also entitled to reimbursement for benefits used (i.e. sick days, vacation days). And if your injuries have left you with permanent disability, you may also be entitled to damages for future income.
- Pain and suffering as well as emotional anguish.
Skilled Slip and Fall Lawyers Brooklyn Victims Trust
If you would like to meet with one of our slip and fall lawyers in Brooklyn, call our office today. We are available to meet and discuss the details of your case and how we can help you.